[국방군사시설사업실시계획승인처분무효확인][미간행]
Han River and 243 others (Attorney Han-ok et al., Counsel for the defendant-appellant)
The Minister of National Defense
September 2, 2005
Seoul Administrative Court Decision 2003Guhap37607 delivered on October 8, 2004
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
1. Purport of claim
On December 4, 1999, the Defendant’s approval of the implementation plan for national defense and military installations projects on “the plan for the establishment of a comprehensive training site by the commander of the Dogri-gun, 1968 unit” is confirmed to be invalid.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
1. Quotation of the reasons for the judgment of the first instance;
The reasons why a party member should explain on this case are as follows, except for adding the following judgments on the defendant's argument in the trial, and therefore, the grounds for the judgment of the court of first instance are as follows: Article 8 of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Additional determination
The defendant asserts that the unit of this case is not able to use the existing shooting range and the nearby shooting range, and that shooting training cannot be extinguishing because the number of days can be used is limited, and that as the military responsible for national security, the training center of this case must be installed and operated without fail. However, the defendant's assertion is without merit since the disposition of this case, which is void automatically, can be revoked or its defect is not cured.
3. Conclusion
Therefore, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.
【Plaintiffs’ List omitted】
Judges Kim Nung-hwan (Presiding Judge)